§ 6-16-132 - Physical education.
               	 		
6-16-132.    Physical education.
    (a)  The General Assembly finds that:
      (1)  Research has shown that active children become active adults;
      (2)  Children who engage in physical education at school are twice as likely to engage in physical activity outside of school;
      (3)  Research  has shown that physical exercise contributes to maximizing brain  function by increasing cerebral blood flow and levels of brain cell  growth hormone; and
      (4)  Research  has shown that physical exercise decreases the incidence of clinical  depression, even for persons diagnosed with cancer.
(b)    (1)    (A)  The  physical education curriculum and physical activity requirements for  every public school student who is physically fit and able to  participate are:
                  (i)  Except as provided in subdivision (b)(1)(A)(ii) of this section, for students in kindergarten through grade six (K-6):
                        (a)  Sixty (60) minutes of physical education training and instruction each calendar week of the school year; and
                        (b)  Ninety  (90) minutes of physical activity each calendar week of the school  year, which may include without limitation daily recess, physical  education instruction in addition to the requirement of subdivision  (b)(1)(A)(i)(a) of this section, or intramural sports;
                  (ii)  For  students in grades five through eight (5-8) who attend a public school  organized to teach grades five through eight (5-8), or any combination  thereof, sixty (60) minutes of physical education training and  instruction each calendar week of the school year or an equivalent  amount of time in each school year, with no additional requirement for  physical activity; and
                  (iii)  For  students in grades nine through twelve (9-12), one-half (1/2) unit of  physical education as required for high school graduation, with no  additional requirement for physical activity.
      (B)  Nothing in subdivision (b)(1)(A) of this section prohibits:
            (i)  A  public school student's elective enrollment or voluntary participation  in physical activity or physical education as a part of public school  curriculum or extra-curricular activities; or
            (ii)  A  school district's decision to require physical education instruction or  physical activity in excess of the amounts identified in subdivision  (b)(1)(A) of this section.
      (2)  The physical education training and instruction shall be designed to:
            (A)  Improve the health of this state's school children;
            (B)  Increase knowledge about the health benefits of physical activity and exercise;
            (C)  Develop behavioral and motor skills that promote a lifelong commitment to healthy physical activity;
            (D)  Promote health-focused physical activity among children and adolescents; and
            (E)  Encourage physical activity outside of physical education.
      (3)  Suitable  modified courses shall be provided for students physically or mentally  unable or unfit to take the course or courses prescribed for other  pupils.
      (4)    (A)  A student  may be exempted from physical education and physical activity  requirements by seeking a waiver from the local school board of  directors.
            (B)  The local school board of directors may grant such a waiver based on the following criteria:
                  (i)  The  student must present a statement by the student's attending physician  indicating that participation in physical education and physical  activity will jeopardize the student's health and well-being; or
                  (ii)    (a)  The  parent and student must show that attending physical education classes  will violate the student's religious beliefs and would not be merely a  matter of personal objection.
                        (b)  The  parent or student must be members of a recognized religious faith that  objects to physical education as part of its official doctrine or creed.
(c)  The  local school board of directors shall encourage a student granted a  waiver under subdivision (b)(4) of this section to take, as an  alternative to physical education, appropriate instruction in health  education or other instruction in lifestyle modification if an exemption  is granted pursuant to this section.
(d)  Each  school shall develop a physical education program that fits effectively  and efficiently into the school's existing organization while  incorporating the goals of this section.
(e)  Nothing  in this section shall be construed to require any school or school  district to hire personnel certified in physical education.
(f)  The  State Board of Education shall submit to the House Interim Committee on  Education and the Senate Interim Committee on Education for the  committees' review any proposed rules regarding physical education or  physical activity standards for grades kindergarten through twelve  (K-12) developed pursuant to this section that exceed the maximums  identified in subdivision (b)(1) of this section.